Land and Environment Court finds in favour of Council
Late last week the Land and Environment Court of New South Wales delivered judgement on the application filed by Alcide DeAngelis which challenged Council’s amendment to the Local Environment and Development Control Plans prohibiting a mixed use development on the land currently occupied by Gardens R Us in Bowral.
In handing down her findings, Acting Justice Adamson dismissed the application and awarded Council costs, subject to a possible application by the applicant.
In brief, the decision means Council’s Local Environment Plan is valid and will remain in force, and the construction of a mixed-use commercial and residential development on the site will not be possible.
Wingecarribeee Shire Council Acting General Manager Ann Prendergast welcomed the result.
“We think this is a great result for Bowral,” she said.
“The decision vindicates the recommendation from Council staff that the site was an inappropriate location for a development which included a large retail department store.”
The land in question is located at the intersection of Bowral Street, Moss Vale Road and Holmhale Street, Bowral.
“We also think this outcome justifies the stance that both Council and the general community took that commercial development and expansion should not come at the expense of public amenity in an area considered as a gateway entrance to Bowral.”
DeAngelis have 28 days to file an appeal against the decision, should they choose to do so. They also have seven days to lodge an appeal against costs should they so wish.